Main Menu

Basic Law Discriminates Non Chinese Nationals

In light of the recent debates on discrimination, below is an important law that highlights the fact that Basic Law is in fact discriminatory – discriminate against non ethnic Chinese who are permanent residents.

The Editors think that this must be highlighted to all readers.

The below picture is from the Facebook page of Kay Lam, a local commentator. Photo on the top right hand corner was taken at the press conference held on 10th October – when the debate started.

The Caucasian man circled in red is Father Franco Mella, he has long been supporting Chinese new immigrants. One of the high profile cases Father Mella was involved in is Shi Junlong‘s trial, he was convicted murder in Hong Kong when protesting for his right to live in Hong Kong. He was later on successfully emigrated to Hong Kong and is allegedly backed by the CCP to arrange more Chinese to emigrate to Hong Kong.

Father Mella holds a sign which says “all children born in Hong Kong are Hong Kongers, do you understand?”

However, according to Basic Law, the constitution in Hong Kong (which the people of Hong Kong were not involved in the drafting and were “left” to accept it), if neither of a child’s parents is Hong Kong resident and are not “Chinese national”, the child will not have residency.

Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region;

2

Chinese citizens who have ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment of the Hong Kong Special Administrative Region;

*3

Persons of Chinese nationality born outside Hong Kong of those residents listed in categories (1) and (2);

4

Persons not of Chinese nationality who have entered Hong Kong with valid travel documents, have ordinarily resided in Hong Kong for a continuous period of not less than seven years and have taken Hong Kong as their place of permanent residence before or after the establishment of the Hong Kong Special Administrative Region;

5

Persons under 21 years of age born in Hong Kong of those residents listed in category (4) before or after the establishment of the Hong Kong Special Administrative Region; and

6

Persons other than those residents listed in categories (1) to (5), who, before the establishment of the Hong Kong Special Administrative Region, had the right of abode in Hong Kong only.

The above-mentioned residents shall have the right of abode in the Hong Kong Special Administrative Region and shall be qualified to obtain, in accordance with the laws of the Region, permanent identity cards which state their right of abode.

The non-permanent residents of the Hong Kong Special Administrative Region shall be persons who are qualified to obtain Hong Kong identity cards in accordance with the laws of the Region but have no right of abode.

A child with both parents both non Chinese nationals and have no PR, even though if he/she was born in Hong Kong, does not have right of abode. But for Chinese nationals, they can – i.e. anchor babies.

Non Chinese nationals with Hong Kong permanent residency (PR), their children above 21, even if they were born in Hong Kong, would not be granted PR unless they reside in Hong Kong for seven years.

All the details of this Article have clearly offer advantages to Chinese national. Although the Editors are not lawyers and are no experts in this field, we believe that this would be of the interest of some.